A proposal by the City of McCall to expand a planning boundary for growth around the city was met with skepticism by Valley County Commissioners on Monday.
The proposal would expand the McCall Impact Area around public lands bordering the northing portion of Payette Lake and one-mile further south along Idaho 55 to Johnson Lane, thus increasing the city’s influence over development on land around the city that is under Valley County’s jurisdiction.
The county commissioners, however, suggested that the proposal is unlikely to pass muster under a new state law that establishes criteria for determining impact area boundaries.
No decisions were made at Monday’s meeting. The commissioners are set to discuss the proposal further on May 19 at 1 p.m. The county must confirm or adopt new boundaries for the impact are by the end of this year, under state law.
The law requires land included in the impact are to be “very likely” to annex into the city within five years, a requirement complicated by the fact that primary control over annexation lies with landowners.
Sherry Maupin, who chairs the board of county commissioners, urged landowners in and around the impact area to voice their opinions regarding annexation.
“I would like to hear from those individuals that live in the area,” Maupin said.
Sewer availability
The new law requires the county to consider several criteria to determine impact area boundaries, including the availability of central water and sewer service within five years.
Maupin and commissioner Katlin Caldwell both raised sewer availability as a sticking point with the city’s proposal.
“I don’t see it happening in the next five years,” commissioner Katlin Caldwell said. “Maybe in the next 20 (years).”
Maupin noted that the Payette Lakes Recreational Sewer and Water District, which manages the sewer system in McCall, is not currently planning any expansion outside city limits.
Sewer district Manager Jeff Bateman confirmed that representation during the meeting.
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“I’m not saying that it will never happen,” Bateman said. “But I do not see it taking place within the next five to 10 years.”
The sewer district recently completed a master plan that identified some $50 million in needed improvements, most of which are tied to existing capacity problems.
Differing legal interpretations
City Attorney Bill Punkoney told commissioners that sewer availability is not a requirement for inclusion in the impact area, but rather a consideration in tandem with the other criteria outlined by the statute.
The other criteria include anticipated growth, geographic factors, transportation infrastructure, and other public service district boundaries.
“They all have to be considered,” Punkoney said. “That doesn’t mean they all have to be met.”
“I think our legal counsel is interpreting that differently,” Maupin replied.
County: public land inclusion defies law’s ‘intent’
The commissioners also questioned expanding the impact area around the northern part of Payette Lake to include endowment lands owned by the Idaho Department of Lands.
State law limits impact areas from stretching further than two miles beyond city limits, but also forbids impact area boundaries from dividing parcels.
The city’s proposal would satisfy those standards, but would not meet the “intent” of the law, Caldwell said, because impact areas are defined by the law as land “where growth and development are expected to occur.”
State land is exempt from local planning regulations, but McCall City Manager Forest Atkinson said including them in the impact area could protect the city’s interests if the lands are sold.
“I think there could be value to not just the city of McCall, but the community in the area, for having some sort of framework that that is overlaid on those lands for when and if they do become privatized,” Atkinson said.
Maupin countered that the county also has a “framework for development.”
“I just really feel like there’s this (idea) that if McCall doesn’t control it, or have that vision, that it’s not going to be something good,” she said. “I disagree with that wholeheartedly. I think the county has got good planning tools in place also.”
Valley County reviews development applications using a case-by-case compatibility evaluation, while the city assigns zoning to guide development. The agencies also have differing design standards.
Administrative changes coming
No matter what boundaries the county lands on, city officials have emphasized their desire for administration of the impact area to remain the same.
Currently, the county adopts zoning laws that closely resemble those in place in the city. The county commissioners then make final decisions on recommendations made by a joint planning and zoning commission. The county has labeled that process as “very difficult” due to the different sets of rules.
“For me to sit here and say that there would not be a repeal of some of that would be an inaccurate statement,” Maupin said. “There will be a repeal of some of the things that have been previously adopted.”
